Motion Docket
Tuesday, March 14

1. State of W. Va. v. James Mineer - 052906 - Defendant appeals from the circuit court's order denying his motion for a reduction of sentence.

2. John Parsons and Sherrie Parsons v. Russell L. Schreiber, D.O. - 052467 - Defendant Russell L. Schreiber, D.O. appeals in a medical malpractice case.

3. SER John R. Phillips v. Thomas McBride, Warden - 052944 - Petitioner John R. Phillips appeals the denial of his petition for post-conviction habeas corpus. He was previously convicted of two counts of aggravated robbery and one count of kidnapping.

4. State of W. Va. v. Kevin Ray Middleton - 052933 - Kevin Ray Middleton appeals his conviction and sentence for one count of sexual abuse by a parent, guardian or custodian and one count of first degree sexual abuse.

5. Diana Martin v. Roger Lee Martin - 051887 - Defendant appeals from the trial court's post-trial order denying defendant's motion to re-occupy certain real property, upholding the jury's verdict on the issue of ownership of that property, and granting a new trial on the issue of damages in this action seeking to quiet title.

6. Clarence D. Good, Jr. v. PNGI Charles Town Gaming Limited Liability Co., doing business as Charles Town Races & Slots, et al. - 052590 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this action for injunctive relief and damages for abuse of process, intentional infliction of emotional distress, defamation, and fraudulent misrepresentation.

Argument Docket
Tuesday, March 14
State Capitol

1. Jewell Lynn Cook v. Carole Leasing Corp., et al. - 32888 - Plaintiff appeals an adverse summary judgment order in a personal injury action.

2. Virgil T. Helton, State Tax Comm'r v. R. Michael Reed, Chief Adm. Law Judge, et al. - 32891 - The State Tax Commissioner appeals from the circuit court's order 1) denying the Commissioner's petition for writs of prohibition and mandamus and for appeal, and 2) granting taxpayer Elk Run Coal Co., Inc.'s motion to dismiss. This case involves procedural issues in a coal severance tax case.

3. Donald N. Davey, et al. v. The Estate of William H. Haggerty, et al. - 32858 - Petitioner files a direct appeal from the circuit court's order which granted Summary Judgment to the defendants in their declaratory judgment suit. The court ruled that the petitioners were barred by the six month statute of limitations for bringing suit to impeach a Will, and by the two year statute of limitations for fraud, because both had expired.

4. Lawyer Disciplinary Board v. Thomas H. McCorkle - 25321 - The Court will hear argument in this lawyer disciplinary matter. - To be submitted on briefs only without oral argument.

Motion Docket
Wednesday, March 15

1. Alice Clay, Admx. of the Estate of Robert Clay v. Kenneth R. Grant & Lana E. Grant t/a K&L Transport and Prime Inc. - 052522 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendant on the issue of joint venture or joint enterprise. Plaintiff appeals following the circuit court's entry of a Rule 54 order permitting an immediate appeal of the circuit court's dismissal of Prime, Inc., finding the same to be in the interest of judicial economy and fairness to all parties.

2. Garry Kelly and Betty J. Kelly v. Eastern Associated Coal Corp. and Peabody Coaltrade, Inc. - 052676 - Plaintiffs in a deliberate intent case appeal the circuit court's order granting defendants' motion in limine and defendants' motion for summary judgment.

3. Virgil Helton, WV State Tax Commissioner v. MBNA America Bank, N.A. - 052588 - Taxpayer appeals from the circuit court's order reversing the final decision of the office of tax appeals and denying taxpayer's cross-petition for appeal in this action regarding taxpayer's liability for West Virginia Corporate Net Income and Business Franchise Tax.

Argument Docket
Wednesday, March 15
State Capitol

1. Wausau Insurance Companies v. Greenbrier Valley Solid Waste, Inc., et al. - 32889 - Dismissed.

2. Margaret A. Johnson v. Scott M. Kilmer, M.D., et al. - 31871 - Petitioner filed suit alleging wrongful discharge on the basis of age and age-based harassment. The Court granted a motion for summary judgment in favor of the defendants. Petitioner seeks reversal.

3. Kevin Alden v. Harpers Ferry Police Civil Service Commission, et al. - 32762 - The circuit court's 04/28/04 Final Order affirmed the decision of Harpers Ferry Police Civil Service Commission finding that "just cause" existed for Alden's termination from his employment as a Harpers Ferry Police Officer, but also awarding Alden his reasonable attorney's fees from 05/30/99 through the 06/22/01 pre-disciplinary hearing to which Alden was entitled but did not receive until this Court's remand of the case out of Alden v. Harpers Ferry Police Civil Service Commission, 209 W.Va. 83, 543 S.E.2d 364 (2001). Alden appeals the circuit court's affirmation of the Police Commission's decision that his termination was justified.

4. SER Steve Mikel Hager, et al. v. Hon. E. Lee Schlaegel, Jr., Judge - 32965 - Petitioners seek to compel a ruling from a hearing held May 11, 2005 on their Motion for Preliminary Injunction. - To be submitted on briefs only without oral argument.

5. SER PPG Industries, Inc. v. Hon. John T. Madden, Judge, et al. - 32981 - Dismissed.

Writ Conference
Thursday, March 16

1. State of West Virginia v. Justin Lee Bock, No. 060127 (Filed 1/18/06)
Defendant, convicted by guilty plea of Unlawful Killing of an Animal and sentenced to 1-3 years in prison, appeals circuit court order.

2. State of West Virginia v. Duane Hammock, No. 060150 (Filed 1/19/06)
Defendant, convicted by jury of Second Offense DUI, Fleeing from an Officer while intoxicated, and Second Offense Driving while License revoked for DUI and sentenced to 2 concurrent one year terms and a consecutive 1- 5 year term for Fleeing, appeals circuit court order, arguing that the circuit court erred in denying his motion to bifurcate, his motion to sever trial of count for Second Offense Driving while License Revoked for DUI from the trial of the other counts, and in denying his motion for an expert to show that medication was the cause of his symptoms.

3. State of West Virginia v. Alan K. Philpot, No. 060207 (Filed 1/26/06)
Defendant, who appealed his Battery conviction to circuit court, appeals circuit court following bench trial which convicted him of Battery and sentenced him to 10 days in jail.

4. State of West Virginia v. Michael David Doonan, No. 060232 (Filed 1/27/06)
Defendant, who was convicted of First Offense DUI by Magistrate Court, appeals circuit court's order finding that the errors he cited were harmless, denying his appeal from conviction and sentencing him to serve 48 hours in jail.

5. State of West Virginia v. (Roger) Eric Jones, No. 060315 (Filed 2/6/06)
Defendant, who entered a nolo contendre plea to Second Degree Murder, Burglary and Assault During the Commission of a Felony, but reserved the right to appeal circuit court's refusal to dismiss indictment, appeals circuit court order denying his motion to dismiss the indictment in this case which Defendant argued was invalid due to the State's alleged failure to join crime of common scheme or plan.

6. Shaler Lonzo Eagle v. Thomas McBride, No. 060178 (Filed 1/24/06)
Petitioner, convicted of second degree murder and sentenced to 35 years in prison, appeals circuit court order denying his second habeas petition following second omnibus hearing.

7. Peggy Ann Leeson v. Krishnan K. Aggarwal, M.D., No. 060187 (Filed 1/25/06)
Adult daughters of decedent in wrongful death suit appeal circuit court order granting them each 10% of the distribution of the wrongful death settlement, arguing that the circuit court erred in allowing surviving spouse to testify as to a statement of the Decedent which they argue violated the Dead Man Statute, erred in considering hearsay not properly subject to any exception under the Hearsay rule, and in allowing evidence of the contents of Decedent's will to be considered in the distribution of the settlement monies.

8. Estate of Virginia Yerger v. David E. Scullen, et al, No. 060255 (Filed 1/30/06)
Plaintiff appeals circuit court order granting Defendants' motion to dismiss for lack of personal jurisdiction over Defendants and denying the Plaintiff's motion to amend complaint.
9. In the Matter of: Seth, Evan and Tiffany H., No. 060018 (Filed 1/5/06)
Boyfriend of mother in abuse and neglect action appeals circuit court order denying his motion to dismiss him as party to the action due to lack of personal service of petition.

10. In the Matter of: Jessica F., Joseph B., Jr., Thomas B., and JoAnn Beth B., No. 060172 (Filed 1/24/06)
Mother, pro se, appeals 2004 order terminating her parental rights; her prior appeal in 2004 was refused by this Court.

11. In the Matter of: Bethany W., Donald W., Madison, D & Jordan D., No. 060212 (Filed 1/27/06)
Mother appeals circuit court order terminating her parental rights and denying post-termination visits.

12. In the Matter of: Jonathan S. and Nicholas S., No. 060256 (Filed 1/30/06)
Mother appeals circuit court order terminating her parental rights, arguing that the circuit court abused its discretion in terminating her parental rights.

13. In the Matter of: John H. and Chace H., No. 060282 (Maternal Grandmother's Appeal) (Filed 2/2/06)
Maternal grandmother appeals circuit court order denying custody of children in abuse and neglect proceeding and denying visitation.

14. In the Matter of: John H. and Chace H. , No. 060283 ( Rebecca Y.'s Appeal) (Filed 2/2/06)
Intervenor appeals circuit court order denying her motion for custody of children in abuse and neglect proceeding.

15. In the Matter of: John H. and Chace H. , No. 060284 (Mother's Appeal) (Filed 2/2/06)
Mother appeals circuit court order terminating her parental rights and denying post-termination visitation.

16. State of West Virginia v. John C. Ellevan, No. 052601 (Filed 11/21/05)
The Petitioner seeks an appeal of his conviction for Sexual Assault in the Second Degree where he was sentenced to not less than 10 nor more than 25 years. He seeks a reversal of his conviction or in the alternative, a remand for a new trial.
17. State of West Virginia v. Arthur Ballinger, No. 060214 (Filed 1/27/06)
On June 30, 2005, the Petitioner pled guilty to Breaking and Entering and Petit Larceny. He was sentenced to 1 year on the petit larceny and 1-10 years on the B&E to run concurrently. He seeks to have that sentence set aside and to have this case remanded for reconsideration of his plea and sentence.

18. SER Arthur Ballinger, IV v. William M. Fox, Warden No. 052263 (Filed 10/11/05)
On June 30, 2005, the Petitioner pled guilty to Breaking and Entering and Petit Larceny. He was sentenced to 1 year on the petit larceny and 1-10 years on the B&E to run concurrently. He seeks a habeas corpus claiming that he received ineffective assistance of counsel.

19. SER William B. Becton v. William Fox, Warden, No. 051258 (Filed 6/8/05)
The Petitioner requests an appeal from the circuit court's (February 23, 2005) order that denied his Habeas Corpus petition with prejudice. He seeks a sentence of time served or, in the alternative, an Omnibus Hearing.

20. Sam L. Golden v. Marlene L. Golden, No. 052434 (Filed 10/31/05)
The Petitioner seeks an appeal of the family court's final divorce order (June 8, 2005) that divided the marital property and the circuit court's order (July 26, 2005) that dismissed the appeal and actually increased the judgment against him.

21. SER Shawn Nicely v. Edward Rudloff-Administrator, No. 051943 (Filed 9/7/05)
The petitioner filed a writ of habeas corpus with this Court and requests that he be transferred to a DOC prison, or released until a bed is available because he is a diabetic and the food that is served at the jail is not appropriate for him.

22. SER Brandy L. Musick v. James Huppenthal, Administrator, No 052191 (Filed 9/28/05)
The Petitioner seeks a writ of habeas corpus alleging that she was denied a probation revocation hearing, denied due process, denied effective counsel, and was denied the right to appear before the court in her probation revocation hearing.

23. SER Luther Sadler v. William M. Fox, Warden, No. 052259 (Filed 10/13/05)
The Petitioner seeks a habeas after his (June 25, 2003) conviction for 1st Degree Arson based on his guilty plea. He claims ineffective assistance of counsel and seeks to be released.

24. SER Lillie Mae Trail v. James J. Ielapi, Warden, No. 052389 (Filed 10/20/05)
The Petitioner seeks a habeas after her 1997 conviction of First Degree Murder where she was sentenced to life without mercy.

25. SER Larry Wayne Richards v. Div. of Corrections, No. 052116 (Filed 9/13/05)
The Petitioner seeks a writ of mandamus to compel his transfer to a DOC facility, and request that his case not be held in abeyance with the other prison transfer cases.

26. SER Jeffrey L. Wolff v. Jefferson County Circuit Court, No. 052498 (Filed 10/31/05)
The Petitioner seeks to compel the Jefferson County Circuit Court Clerk and the prosecutors (of Jefferson County and Berkeley County) to send the Petitioner his requested discovery so he can perfect his habeas.

27. In the Matter of: Rose Marie B., No. 052993 (Filed 12/7/05)
The Petitioner/Father seeks an appeal of the circuit court's (12-30-04) order that denied his request for post-termination visitation.

28. In Re: Kelly C., Russell C., Alex H. and Anna S., No. 052941 (Filed 12/29/05)
The Petitioner/Mother appeals the circuit court's order (October 4, 2005) that terminated her parental rights to her children. She seeks a remand to the circuit court for the purpose of granting a post-dispositional improvement period.

29. In Re: Dustin H., Dillon H. and Dalton H., No. 052963 (Filed 12/29/05)
The Petitioner claims that the circuit court abused its discretion in not granting a pre-adjudicatory improvement period in regards to Dustin H.; in terminating his parental rights; and by not granting post-termination visitation.

30. In Re: Serenity M., No. 052976 (Filed 12/29/05)
The Petitioner/Father seeks an appeal of the circuit court's order that terminated his parental rights and denied post-termination visitation. He seeks to have this case dismissed or remanded back to the circuit court to grant him a post-dispositional improvement period.

31. In Re: Serenity M., No. 052978 (Filed 12/29/05)
The Petitioner/Mother seeks an appeal of the circuit court's order that terminated her parental rights and denied post-termination visitation. She seeks to have this case remanded back to the circuit court to grant her a dispositional improvement period or to consider less drastic alternatives. In the alternative, the mother requests post-termination visitation.

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